Written Answers Tuesday 28 February 2006

Scottish Executive

Cancer

Alasdair Morgan (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21935 by Mr Andy Kerr on 23 January 2006, how many deaths where cancer has been cited as other than the primary cause there were in each NHS board area in each of the 10 years prior to the Chernobyl incident.

Mr Andy Kerr: I refer the member to the answer to question S2W-21936 on 23 January 2006. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

  The following tables provide the absolute number of deaths in Scotland where malignant neoplasms were mentioned on the death certificate but were not the underlying cause of death. Data for 1986 is for the part year up to and including 25 April.

  

 
 Year of Registration


 NHS Board Area
 1976
 1977
 1978
 1979
 1980
 1981


 Scotland
 1,535
 1,537
 1,614
 1,632
 1,623
 1,713


 Argyll and Clyde
 120
 121
 138
 129
 140
 131


 Ayrshire and Arran
 101
 125
 122
 112
 101
 118


 Borders
 40
 33
 33
 39
 43
 35


 Dumfries and Galloway
 38
 55
 37
 32
 49
 50


 Fife
 86
 88
 115
 128
 92
 120


 Forth Valley
 80
 87
 73
 55
 73
 101


 Grampian
 151
 154
 153
 152
 167
 159


 Greater Glasgow
 341
 303
 340
 316
 355
 348


 Highland
 52
 50
 56
 59
 68
 52


 Lanarkshire
 107
 98
 139
 143
 100
 143


 Lothian
 255
 255
 257
 283
 263
 286


 Orkney
 3
 7
 6
 9
 3
 9


 Shetland
 6
 3
 8
 4
 5
 6


 Tayside
 145
 152
 123
 159
 151
 146


 Western Isles
 10
 6
 14
 12
 13
 9



  

 
 Year of Registration


 NHS Board Area
 1982
 1983
 1984
 1985
 1986


 Scotland
 1,883
 1,776
 1,772
 1,831
 625


 Argyll and Clyde
 132
 113
 135
 153
 58


 Ayrshire and Arran
 125
 129
 109
 142
 51


 Borders
 42
 43
 41
 57
 9


 Dumfries and Galloway
 52
 54
 58
 42
 11


 Fife
 121
 128
 126
 115
 38


 Forth Valley
 91
 80
 73
 98
 35


 Grampian
 185
 175
 160
 188
 56


 Greater Glasgow
 361
 330
 353
 359
 116


 Highland
 63
 68
 75
 79
 21


 Lanarkshire
 173
 156
 163
 145
 53


 Lothian
 315
 298
 288
 244
 97


 Orkney
 8
 6
 4
 11
 4


 Shetland
 7
 6
 14
 8
 2


 Tayside
 194
 178
 160
 182
 66


 Western Isles
 14
 12
 13
 8
 8



  Notes:

  1976 - 78, ICD8 codes 140 to 209.

  1979 - 86, ICD9 codes 140 to 208.

Cancer

Alasdair Morgan (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21935 by Mr Andy Kerr on 23 January 2006, how many deaths where cancer has been cited as other than the primary cause there were in each NHS board area in each year since the Chernobyl incident.

Mr Andy Kerr: I refer the member to the answer to question S2W-21936 on 23 January 2006. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

  The following tables provide the absolute number of deaths in Scotland where malignant neoplasms were mentioned on the death certificate but were not the underlying cause of death. Data for 1986 is for the part year 26 April to 31 December.

  

 
 Year of Registration


 NHS Board Area
 1986
 1987
 1988
 1989
 1990
 1991
 1992


 Scotland
 1,195
 1,878
 1,839
 1,875
 1,900
 1,911
 1,944


 Argyll and Clyde
 86
 149
 140
 142
 168
 151
 157


 Ayrshire and Arran
 81
 155
 117
 139
 152
 152
 127


 Borders
 19
 30
 40
 61
 57
 49
 48


 Dumfries and Galloway
 31
 61
 51
 53
 72
 41
 50


 Fife
 73
 137
 118
 135
 125
 148
 149


 Forth Valley
 69
 90
 109
 80
 93
 81
 104


 Grampian
 118
 167
 167
 171
 155
 170
 191


 Greater Glasgow
 222
 364
 371
 363
 384
 349
 397


 Highland
 35
 75
 65
 60
 59
 70
 77


 Lanarkshire
 114
 171
 160
 159
 154
 189
 166


 Lothian
 202
 294
 305
 298
 304
 329
 309


 Orkney
 4
 5
 4
 5
 5
 6
 8


 Shetland
 6
 8
 3
 8
 6
 3
 6


 Tayside
 128
 163
 175
 197
 158
 157
 143


 Western Isles
 7
 9
 14
 4
 8
 16
 12



  

 
 Year of Registration


 NHS Board Area
 1993
 1994
 1995
 1996
 1997
 1998


 Scotland
 2,071
 1,960
 1,999
 2,047
 2,100
 2,033


 Argyll and Clyde
 190
 155
 175
 173
 198
 183


 Ayrshire and Arran
 150
 149
 146
 150
 151
 153


 Borders
 48
 46
 42
 47
 65
 47


 Dumfries and Galloway
 52
 53
 61
 74
 64
 74


 Fife
 146
 142
 135
 141
 143
 141


 Forth Valley
 123
 115
 96
 112
 121
 133


 Grampian
 192
 177
 191
 165
 178
 167


 Greater Glasgow
 401
 403
 390
 390
 379
 351


 Highland
 81
 78
 73
 82
 71
 83


 Lanarkshire
 165
 190
 221
 215
 218
 204


 Lothian
 310
 279
 286
 326
 325
 295


 Orkney
 4
 4
 2
 8
 7
 11


 Shetland
 9
 6
 5
 7
 10
 7


 Tayside
 190
 146
 165
 139
 157
 172


 Western Isles
 10
 17
 11
 18
 13
 12



  

 
 Year of Registration


 NHS Board Area
 1999
 2000
 2001
 2002
 2003
 2004


 Scotland
 2,134
 1,823
 1,847
 1,921
 2,141
 1,958


 Argyll and Clyde
 157
 151
 165
 179
 195
 170


 Ayrshire and Arran
 192
 153
 171
 160
 185
 157


 Borders
 40
 38
 50
 46
 60
 52


 Dumfries and Galloway
 55
 58
 50
 53
 73
 58


 Fife
 117
 122
 119
 128
 133
 138


 Forth Valley
 106
 103
 93
 110
 110
 109


 Grampian
 182
 172
 165
 180
 197
 188


 Greater Glasgow
 439
 346
 346
 366
 348
 326


 Highland
 96
 71
 72
 82
 73
 79


 Lanarkshire
 226
 174
 171
 191
 220
 221


 Lothian
 314
 274
 278
 259
 320
 268


 Orkney
 11
 10
 4
 10
 6
 8


 Shetland
 9
 4
 6
 12
 7
 3


 Tayside
 180
 136
 143
 134
 198
 174


 Western Isles
 10
 11
 14
 11
 16
 7



  Notes:

  1986 - 1999, ICD9 codes 140 to 208.

  2000 - 2004, ICD10 codes C00 to C97.

Cancer

Alasdair Morgan (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21935 by Mr Andy Kerr on 23 January 2006, whether the figures refer to the numbers of people whose deaths were registered in each NHS board area or the numbers of people resident in each NHS board area where cancer was cited as the primary cause of their death.

Mr Andy Kerr: The information presented in the answer to question S2W-21935 was compiled by the General Register Office for Scotland using its standard methodology. For residents of Scotland, deaths are allocated to the area of usual residence. For persons usually resident outside Scotland, deaths are allocated to the area where the death occurred. The latter category generally covers under 1 per cent of all deaths in Scotland.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Child Welfare

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many children were classified as undernourished in each year since 1999, broken down by local authority area and expressed both in real terms and as a percentage of the child population.

Mr Andy Kerr: The information requested is not available centrally for all years or for all local authority areas.

  The Scottish Parliament Information Centre holds tables (Bib. number 38938) which show, those local authority areas available:

  Tables 1a, 1b & 1c: Children identified as undernourished (the 2% of the population with the lowest BMI) for those who have received a 39 to 42 month pre-school review, by local authority area and year of birth.

  Tables 2a, 2b & 2c: Children identified as undernourished (the 2% of the population with the lowest BMI) for those who have received a primary 1, 7 and secondary 3 review (aged approximately four to five, 11 to 12 and 14 to 15 years respectively), by local authority area and year of birth.

  It should be noted that there is no set international definition for undernourished children, hence the tables offer an indication only. Although underweight for their age, such children do not necessarily suffer from any health problems.

Crofting

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive how many crofters have exercised the right to buy their crofts on (a) estates owned by the Executive, (b) privately owned estates and (c) community owned estates.

Ross Finnie: A total of 382 crofters have exercised their right to buy their crofts directly from Scottish ministers since the enactment of the Crofting Reform Act 1976, which conferred new rights on crofters to acquire subjects tenanted or occupied by them.

  The Executive does not hold similar information for privately owned estates or community owned estates.

Crown Estate

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive, further to the answer to question S2W-22327 by Ross Finnie on 25 January 2006, whether there is any mechanism by which it could introduce legislation to take over ownership of any of "those areas of inshore waters and seabed vested in the Crown Estate".

Ross Finnie: Whilst it may be possible, in some circumstances, for part of the Crown Estate to be made subject to powers of compulsory acquisition incidental to, and so far as necessary for, a devolved purpose, legislation to appropriate areas of inshore waters and seabed vested in the Crown Estate for the purposes of taking over its management would be outside the legislative competence of the Scottish Parliament.

Crown Estate

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive, further to the answer to question S2W-22327 by Ross Finnie on 25 January 2006, whether there is any mechanism by which it could purchase "those areas of inshore waters and seabed vested in the Crown Estate" on behalf of local communities.

Ross Finnie: I refer the member to the answer to question S2W-22827 on 28 February 2006. The Scottish ministers may only act in a way consonant with the legislative competence of the Scottish Parliament in this respect.

  All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Crown Estate

John Farquhar Munro (Ross, Skye and Inverness West) (LD): To ask the Scottish Executive whether the Crown Estate has a separate legal identity in Scotland and, if so, what the extent of Scottish Ministers’ powers is in that respect.

Ross Finnie: The Crown Estate does not have a separate legal identity in Scotland.

Crown Estate

John Farquhar Munro (Ross, Skye and Inverness West) (LD): To ask the Scottish Executive in what circumstances the Crown Estate is exempt from (a) legislation and (b) regulations passed by the Parliament in respect of the (i) use and (ii) ownership of land in Scotland.

Ross Finnie: The Crown Estate is not generally exempt from legislation or regulations passed by the Scottish Parliament. For example Scottish planning law can be applied to the Estate. However, the management of the Crown Estate remains a reserved matter.

Crown Estate

John Farquhar Munro (Ross, Skye and Inverness West) (LD): To ask the Scottish Executive what the (a) legal and (b) constitutional status is of the (i) Crown Estate and (ii) Crown Estate Commissioners under the terms of the Scotland Act 1998.

Ross Finnie: The Scotland Act 1998 did not alter the legal or constitutional status of either the Crown Estate or the Crown Estate Commissioners, which continue to be subject to the provisions of the Crown Estate Act 1961.

Crown Estate

John Farquhar Munro (Ross, Skye and Inverness West) (LD): To ask the Scottish Executive what powers Scottish ministers have under the terms of the Scotland Act 1998 over property held in Scotland in right of the Crown.

Ross Finnie: The Scottish ministers hold and administer property in right of the Crown in Scotland in their own right and pursuant to the Transfer of Property etc (Scottish Ministers) Order 1999 and the Transfer of Property etc (Lord Advocate) Order 1999. Other property held in right of the Crown in Scotland is held and administered by Ministers of the Crown, government departments or other public bodies. That property is capable of being made subject to legislation which is within the legislative competence of the Scottish Parliament.

DNA Samples

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive what information it has on research projects which have been (a) approved and (b) refused by the National DNA Database, broken down by (i) title of project, (ii) types of data sought and used and (iii) institution and investigators conducting the research.

Cathy Jamieson: The Executive is aware of nine research requests that have been approved by the National DNA Database. Information is not held on the title of these projects or about which institution and investigators conducted the research. Some information, which was supplied to the Executive by the National DNA Database, is held on the types of data sought by these research requests.

  One requested a copy of the database, with all personal identifiers removed, to assist with the development of a system to designate the markers in profiles added to the database. Another was for database information to help evaluate a project on best practice in the collection and analysis of DNA samples in burglary and vehicle crime cases. A third was to help identify persons on a force’s dangerous offenders register who did not have profiles on the National DNA Database.

  The remaining six requests that were approved were to inform research in areas that may assist in future investigations. One of these sought anonymised samples, one sought profiles and four sought anonymised profiles held by the database.

  The Executive holds no information on research requests which have been refused by the National DNA Database.

Drug Misuse

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many arrests for drug-related offences have been made in each of the last 10 years, broken down by police force area.

Cathy Jamieson: No data on arrests is collected by the Scottish Executive, however the following tables show the available information on the number of drug crimes recorded.

  Number of Drug Crimes Recorded by Police Force Area, 1995-96 to 2004-05

  

 Police Force
 1995-96
 1996-97
 1997-98
 1998-99
 1999-2000


 Central
 1,099
 1,054
 1,128
 1,486
 1,119


 Dumfries and Galloway
 764
 758
 910
 869
 615


 Fife
 1,742
 1,848
 1,817
 2,095
 1,203


 Grampian
 2,558
 2,465
 2,959
 2,880
 2,331


 Lothian and Borders
 3,447
 3,358
 3,828
 4,046
 4,854


 Northern
 1,345
 1,302
 1,511
 1,229
 1,452


 Strathclyde
 13,404
 13,335
 15,217
 18,083
 17,080


 Tayside
 1,380
 1,634
 2,065
 2,131
 1,720


 All Scotland
 25,739
 25,754
 29,435
 32,819
 30,374



  

 Police Force
 2000-01
 2001-02
 2002-03
 2003-04
 2004-05


 Central
 1,481
 1,863
 2,027
 2,100
 1,951


 Dumfries and Galloway
 498
 589
 779
 1002
 935


 Fife
 1,359
 1,715
 1,960
 1,924
 2,024


 Grampian
 2,186
 2,786
 3,258
 2,791
 3,037


 Lothian and Borders
 5,258
 5,697
 6,393
 5,801
 5,914


 Northern
 1,188
 1,701
 1,653
 1,960
 1,722


 Strathclyde
 18,399
 20,152
 22,285
 23,613
 22,790


 Tayside
 1,712
 2,247
 2,583
 3,084
 3,450


 All Scotland
 32,081
 36,750
 40,938
 42,275
 41,823

Equal Opportunities

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether it will have formal input into the gender equality consultation being undertaken by the Equal Opportunities Commission.

Malcolm Chisholm: An official from the Scottish Executive’s Equality Unit will be making a presentation on the Gender Duty to attendees at the Equal Opportunities Commission (EOC) Code of Practice consultation events being held across Scotland in February and March. Officials from across the Executive are represented on the Equal Opportunities Commission (Scotland) Gender Duty Advisory Group and an Executive official also attends the EOC (GB) Gender Duty Advisory Group.

Equal Opportunities

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what information it has on whether legislation will be forthcoming to extend the new gender equality duty to the private sector.

Malcolm Chisholm: The Scottish Executive currently has no information as to whether legislation will be forthcoming to extend the new gender duty to the private sector. However, where a private contractor delivers a service on behalf of the public sector, the contractor will be performing a "public function" and therefore will be subject to the duty and be responsible for complying with it. This is a complex matter and guidance will be issued by the Equal Opportunities Commission (EOC) in due course.

Health

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive, further to the answer to question S2W-20414 by Mr Andy Kerr on 15 November 2005, how many NHS boards have implemented Agenda for Change and what actions the Executive has taken, or representations it has received, regarding this matter.

Mr Andy Kerr: Agenda for Change is being implemented in partnership with trade unions and professional organisations in NHSScotland, and significant progress has been made. Over 85% of posts which have been submitted to matching panels have been matched against national profiles. Around 53,000 staff in the nursing, midwifery, ancillary and Allied Health Professional staff groups have been approved for assimilation. In January, the first groups of staff were paid on the new Agenda for Change paybands.

  A plan for 2006 has been drawn up and agreed in partnership, which health boards are committed to delivering. Based on the plan it is anticipated that Agenda for Change will be introduced and operational by the end of 2006.

  The Pay Modernisation Team, alongside the Scottish Executive Health Department, will monitor progress towards the plan for 2006, providing health boards with support and advice as necessary.

Health

Euan Robson (Roxburgh and Berwickshire) (LD): To ask the Scottish Executive how many NHS boards have developed models of practice to ensure that every patient receives their medicines, and has any medication issues, addressed in advance of discharge from hospital, as set out in The Right Medicine: A Strategy for Pharmaceutical Care in Scotland .

Mr Andy Kerr: A practice model has been developed together with a capacity plan to enable clinical pharmacy services identify the resources and systems of work required to achieve the practice model standard. The practice model and capacity plan are currently being validated by practitioners before issue to NHSScotland for local implementation.

Health

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what quality assurance checks it is carrying out in respect of the job evaluation aspect of the Agenda for Change and when it expects to ratify the evaluations, with particular reference to the Scottish Ambulance Service.

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive when it expects the job evaluation aspect of the Agenda for Change to be implemented, with particular reference to the Scottish Ambulance Service.

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive when the ratification of the job evaluation process for paramedic and ambulance staff will be complete.

Mr Andy Kerr: It was agreed in partnership with trades unions and professional organisations at a UK level as part of the overall Agenda for Change agreement that the outcomes of the job evaluation scheme would be checked for consistency and accuracy.

  There are two strands to this process in NHSScotland, both performed in partnership. Local systems ensure that there is consistency in outcome across the individual matching panels within their area. A national monitoring group ensures that job evaluation outcomes are accurate and consistent across the whole of NHSScotland. Approval from the national monitoring group is required before staff groups can be assimilated to the new Agenda for Change paybands.

  NHSScotland has made significant progress in the implementation of Agenda for Change. In terms of job evaluation, over 85% of posts which have been submitted to matching panels have been matched against national profiles, with around 53,000 staff having passed through the local consistency and national monitoring process in readiness for assimilation. Health boards have also made progress in locally evaluating those posts which do not fit national job profiles. It is anticipated that all staff, either job matched or locally evaluated, will be paid on the Agenda for Change paybands by October 2006.

  In common with NHSScotland generally, significant progress has been made in implementing Agenda for Change in the Scottish Ambulance Service. The majority of staff within the Scottish Ambulance Service have now been through the job matching process and the National Monitoring Group are currently monitoring outcomes. The process of notifying staff of job matching outcomes commenced on 17 February 2006.

Justices of the Peace

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive whether it will provide a gender breakdown of Secretary of State-appointed Justices of the Peace.

Cathy Jamieson: The gender breakdown as follows:

  

 Full Justices
 Men
 897
 Women
 502
 Total
 1,399


 Signing Justices
 Men
 1,011
 Women
 361
 Total
 1,372


 Total
 Men
 1,908
 Women
 863
 Total
 2,771

Justices of the Peace

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive how many Secretary of State-appointed Justices of the Peace are from ethnic minorities.

Cathy Jamieson: At present, the Scottish Executive does not hold this information.

Justices of the Peace

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive how long each Secretary of State-appointed Justice of the Peace is expected to serve.

Cathy Jamieson: At present, full Justices of the Peace are eligible to serve until their 70th birthday, after which they are transferred to the supplemental list and become Signing Justices.

  Signing Justices can serve for as long as they wish to continue.

Life Expectancy

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive by how much the average life expectancy for (a) men and (b) women has increased in each year since 1979, and by how much it estimates it will increase in each of the next 10 years.

George Lyon: Actual life expectancy at birth (LE) for males and females in Scotland for 1979 to 2004 and projected for 2005 to 2014 is shown in the following table:

  

 Year
 Males
 Females
 Year
 Male
 Female


 LE
 Change
 LE
 Change
 LE
 Change
 LE
 Change


 1979
 68.4
 -
 74.5
 -
 1997
 72.6
 0.6
 78.1
 0.3


 1980
 69.0
 0.6
 75.2
 0.7
 1998
 72.6
 0.0
 78.2
 0.1


 1981
 69.1
 0.1
 75.4
 0.2
 1999
 72.7
 0.1
 78.2
 0.0


 1982
 69.3
 0.2
 75.3
 -0.1
 2000
 73.2
 0.5
 78.6
 0.4


 1983
 69.7
 0.4
 75.7
 0.4
 2001
 73.4
 0.2
 78.8
 0.2


 1984
 69.9
 0.2
 75.9
 0.2
 2002
 73.4
 0.0
 78.9
 0.1


 1985
 70.1
 0.2
 75.8
 -0.1
 2003
 73.8
 0.4
 78.9
 0.0


 1986
 70.1
 0.0
 76.3
 0.5
 2004
 74.3
 0.5
 79.4
 0.5


 1987
 70.5
 0.4
 76.5
 0.2
 2005
 74.5
 0.2
 79.5
 0.1


 1988
 70.5
 0.0
 76.7
 0.2
 2006
 74.8
 0.3
 79.7
 0.2


 1989
 70.7
 0.2
 76.2
 -0.5
 2007
 75.1
 0.3
 79.9
 0.2


 1990
 71.1
 0.4
 76.9
 0.7
 2008
 75.4
 0.3
 80.1
 0.2


 1991
 71.4
 0.3
 77.1
 0.2
 2009
 75.7
 0.3
 80.3
 0.2


 1992
 71.6
 0.2
 77.3
 0.2
 2010
 75.9
 0.2
 80.6
 0.3


 1993
 71.4
 -0.2
 77.0
 -0.3
 2011
 76.1
 0.2
 80.7
 0.1


 1994
 72.1
 0.7
 77.7
 0.7
 2012
 76.4
 0.3
 80.9
 0.2


 1995
 72.1
 0.0
 77.7
 0.0
 2013
 76.6
 0.2
 81.1
 0.2


 1996
 72.0
 -0.1
 77.8
 0.1
 2014
 76.8
 0.2
 81.3
 0.2



  Source: Government Actuary’s Department (GAD). The figures given in this table have been calculated using historic mortality rates for years up to 2004 and projected rates from the 2004-based national population projections for years 2005 onwards.

Local Government

David McLetchie (Edinburgh Pentlands) (Con): To ask the Scottish Executive, with reference to paragraph 6.8 of the report of the Scottish Local Authorities Remuneration Committee's Review (SLACR) of Remuneration Arrangements for Local Authority Councillors, whether the Committee’s understanding "that tax and national insurance will be payable at the appropriate statutory rates" is based on an assumption that the whole amount of a severance payment is taxable as income in the year of payment or whether it is the committee’s understanding that the taxation rules applicable to termination payments will apply to such severance payments.

Mr Tom McCabe: The SLARC report notes that HM Revenue and Customs are not able to give a view on the taxation rules that may apply to the scheme until the details are set out in regulations. HM Revenue and Customs has indicated that it will consider the taxation consequences of the severance scheme as soon as the details have been set out in regulations. Ministers are presently considering the recommendations made by SLARC in respect of the severance scheme, and all other aspects of remuneration for councillors.

Malnutrition

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what information it has on the prevalence of malnutrition in people aged (a) under 15, (b) 16 to 35, (c) 36 to 50, (d) 51 to 75 and (e) 76 and over in each year since 1999, broken down by (i) NHS board area and (ii) parliamentary constituency.

Mr Andy Kerr: Centrally held information can provide details for patients where malnutrition is identified on their hospital records. These figures may represent an undercount of the true number of cases because malnutrition could be an underlying reason for admission to hospital and, as such, will not always be recorded.

  The Scottish Parliament Information Centre holds tables (Bib. number 38937) which present the number of patients discharged from acute hospitals in Scotland with a diagnosis of malnutrition broken down by NHS board of residence (table 1) and Scottish Parliamentary Constituency (table 2). Patients with more than one discharge in a year are only counted once.

Malnutrition

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what research it has funded into malnutrition in the general population in each year since 1999 and how much funding was allocated in each case.

Mr Andy Kerr: The Chief Scientist Office (CSO), within the Scottish Executive Health Department, has responsibility for encouraging and supporting research into health and health care needs in Scotland.

  Since 1999, the CSO has funded one research project in 2002 on the impact of malnutrition in Scottish school children and adolescents at a cost of £16,748.

  In this time, the CSO has also funded a number of research projects on nutrition and nutrient deficiencies in groups of people at risk from malnourishment. In particular, the CSO has funded four research projects on nutrition in older people at a total cost of £424,502 including a recently funded trial on whether oral nutritional supplements to malnourished older people after hospital discharge can reduce disability.

Ministerial Correspondence

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive when the Minister for Justice will reply to my letter of 19 December 2005 on the review of British Transport Police.

Cathy Jamieson: A reply was sent on 6 February 2006.

NHS Boards

Bruce Crawford (Mid Scotland and Fife) (SNP): To ask the Scottish Executive whether it has any plans to review NHS Fife’s "Right for Fife" reconfiguration proposals.

Mr Andy Kerr: There are no plans to do so. Following approval by the Minister for Health in 2002, it is for NHS Fife to take forward the proposed development of healthcare services set out in Right for Fife . In doing so, I would expect the board to take account of and ensure consistency with national policy and guidelines, including those set out in Delivering for Health . I would also expect NHS Fife to continue to involve local communities in Fife in the implementation of its proposals.

NHS Hospitals

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many undernourished patients admitted to hospital continued to lose weight whilst in hospital in each year since 1999, broken down by NHS board area.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many patients who were not undernourished when admitted to hospital were undernourished when they left hospital in each year since 1999, broken down by (a) NHS board area and (b) age group.

Mr Andy Kerr: This information is not held centrally. However, NHS Quality Improvement Scotland published Clinical Standards on Food, Fluid and Nutritional Care in Hospitals in September 2003. These were developed in response to research which showed that patients in hospital could be at risk of malnutrition. The standards cover patient assessment on admission to hospital; the delivery of food and nutrition, and education and training of staff. The standards are published at:

  www.qualityimprovementscotland.com/nhsqis/files/Food,%20Fluid%20Nutrition.pdf.

NHS Staff

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive what the reasons were for reappointing the Chair of NHS Western Isles without advertising the post.

Mr Andy Kerr: In accordance with the Commissioner for Public Appointments in Scotland (OCPAS) Code of Practice an individual may be re-appointed to their position, without going to a public advertisement, subject to a satisfactory performance assessment.

NHS Waiting Lists

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many people have waited for prosthetic (a) fitting and (b) replacement operations in each of the last five years, broken down by (i) length of wait and (ii) NHS board area.

Lewis Macdonald: This information is not held centrally but some or all may be available from individual NHS boards.

  The Rehabilitation Technology Information Service (ReTIS) collates and analyses data from NHS rehabilitation services in Scotland, including the prosthetics service. Details on the ReTIS work carried out in the prosthetics service are available on their website at www.retis.scot.nhs.uk.

National Health Service

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive over what period crown immunity applied to premises owned by NHS boards and bodies and to which individual premises such immunity applied.

Mr Andy Kerr: Crown immunity applied to all NHS bodies from the date of the creation of the NHS, 5 July 1948, until its removal by means of the NHS and Community Care Act 1990 which came into force on 1 April 1991. Immunity therefore applied to all NHS premises during this period. In 1986, however, the NHS (Amendment) Act 1986 removed Crown immunity from the NHS in respect of food hygiene and health and safety legislation.

Nursing

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive, further to the answer to question S2W-20812 by Mr Andy Kerr on 28 November 2005, when an announcement on its position in respect of maternity pay for student nurses will be made.

Mr Andy Kerr: Following consideration of the support available for these students, I decided that, with effect from September 2005, the Nursing and Midwifery Student Bursary Scheme should be amended to include a concession that will allow nursing and midwifery students to continue to receive support if they have to suspend their studies in certain circumstances. These circumstances can include where they have caring duties, long-term illness or illness or other issues arising from pregnancy and childbirth.

  This approach is consistent with the current arrangements in Scotland for all other undergraduates including allied health professions, medical and dental students. The Higher Education Institutions and the Students Awards Agency for Scotland have been notified of this change to the bursary scheme.

Ophthalmic Services

Dr Jean Turner (Strathkelvin and Bearsden) (Ind): To ask the Scottish Executive what progress it has made in delivering its commitment to undertake research to determine whether there is a need for routine sight-screening for school children which it has indicated will also include an investigation of the optimal intervals for testing, who should undertake the tests and which tests should be used.

Lewis Macdonald: Officials of the Health Department are seeking advice from the UK National Screening Committee (NSC) in relation to vision screening and are currently awaiting its response. The NSC advises UK Ministers on screening policy based on the latest research evidence and the advice of specially convened multi-disciplinary expert groups.

People with Learning Difficulties

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many successful prosecutions have taken place in each year since 1999 in which the alleged victim was an adult with learning difficulties, broken down by category of offence.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many reports were made to the police in each year since 1999 in which the alleged victim was an adult with learning difficulties, broken down by category of offence.

Cathy Jamieson: The information requested is not held centrally.

Planning

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive whether it is aware of the decision by the Planning Inspectorate to order the removal of polytunnels and temporary worker accommodation at Tuesley Farm in Surrey and whether the Executive has any plans to introduce a requirement for planning permission to erect polytunnels on agricultural land with permitted development rights.

Johann Lamont: I am aware of the decision in question. The Executive is currently reviewing the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, including permitted development rights in relation to agriculture and has commissioned research on this from Heriot Watt University. The research is due to report towards the end of the year. We will consult on any proposed changes arising from the report in due course.

Planning

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what research it has carried out on the cost and staffing implications of the proposal in the Planning etc. (Scotland) Bill to transfer responsibility for neighbour notification from applicants to planning authorities.

Johann Lamont: In July 2004, the Executive convened the Neighbour Notification Working Party to examine the detailed implications of transferring responsibility for neighbour notification to planning authorities. The issues examined by the working party included the cost and staff resource implications of the proposals contained in the White Paper, Modernising the Planning System . The working party is finalising its report which will be published later this spring.

  In addition, the Executive commissioned the consultants Ove Arup and Partners in April 2005 to assess comprehensively the impact of the white paper proposals for reform of the planning system. That report also examined the cost and staff resource implications of transferring responsibility for neighbour notification to planning authorities. The report Planning Reforms: An Impact Assessment was published in December 2005.

Planning

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether good neighbour agreements will be an integral part of any new planning legislation.

Malcolm Chisholm: Provisions for Good Neighbour Agreements are contained in s23 of the Planning Etc (Scotland) Bill.

Planning

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether good neighbour agreements will be enforceable and, if so, by whom.

Malcolm Chisholm: Good Neighbour Agreements will be enforceable by any of the parties entering into the agreement.

Planning

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether there will be a notification procedure for good neighbour agreements.

Malcolm Chisholm: There are no proposals for a notification procedure for entering into good neighbour agreements.

Planning

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive who will be responsible for maintaining any form of community land use negotiated under a good neighbour agreement.

Malcolm Chisholm: The agreement should set out the responsibilities of all parties to the agreement. The key land use issues associated with a development will continue to be addressed under the terms of the planning permission, and enforced by the planning authority.

Planning

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether it will clarify the position if the provisions of any good neighbour agreement conflict with the aims of a local authority.

Malcolm Chisholm: The scope of good neighbour agreements will be as set out in the Planning etc. (Scotland) Bill, however guidance on the preparation of such agreements will be issued before the commencement of the new provisions.

Planning

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether it will clarify the position if there is a dispute or objection to a land use matter arising from a good neighbour agreement.

Malcolm Chisholm: Scottish ministers would only become involved in individual good neighbour agreements in the event of one party appealing to them following a failure to agree modifications to an agreement locally.

Police

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive to which elected body the Association of Chief Police Officers in Scotland is accountable.

Cathy Jamieson: The Association of Chief Police Officers in Scotland (ACPOS) is the collective organisation of Chief Constables, Deputy Chief Constables and Assistant Chief Constables serving in Scotland. Formally a staff association, ACPOS is not accountable to any elected body.

Public Private Partnerships

Dennis Canavan (Falkirk West) (Ind): To ask the Scottish Executive how much each local authority paid to private sector companies as a result of PFI/PPP school building contracts in each year since 1999-2000.

Mr Tom McCabe: The estimated annual unitary payment paid by local authorities to the PPP consortium in respect of schools PPP projects from 1999-2000 to 2005-06 is given in the following table:

  Estimated Annual Unitary Charge (£ Million)

  

 Council Project
 1999-2000
 2000-01
 2001-02
 2002-03
 2003-04
 2004-05
 2005-06


 Stirling (Balfron)
 
 
 1.3
 2.0
 2.1
 2.1
 2.2


 East Renfrewshire
 
 
 2.8
 2.8
 2.9
 2.9
 2.9


 City of Glasgow
 
 
 7.0
 35.8
 41.3
 42.1
 42.9


 Falkirk
 
 11.7
 11.8
 12.0
 12.1
 12.3
 12.4


 Fife
 
 
 
 
 4.2
 6.5
 6.5


 Highland
 
 
 
 1.8
 2.9
 3.0
 3.0


 West Lothian
 
 
 
 4.6
 6.2
 6.4
 6.4


 Aberdeenshire
 
 
 0.2
 2.4
 3.0
 3.2
 3.2


 City of Edinburgh
 
 
 
 13.4
 18.0
 18.6
 18.6


 Midlothian
 
 
 
 
 2.0
 4.4
 4.4


 East Lothian
 
 
 
 
 
 
 7.2


 Aberdeenshire (PPP2)
 
 
 
 
 
 
 1.2

Radioactive Waste

Nora Radcliffe (Gordon) (LD): To ask the Scottish Executive, further to the answer to S2W-16109 by Ross Finnie on 21 April 2005, what progress has been made on the review of low level radioactive waste management policy.

Ross Finnie: I previously advised that the initial stages of the review would be overseen by a steering group drawn from the Government’s Radioactive Waste Policy Group (RWPG). I said that the steering group would be organising two national stakeholder workshops during 2005 to support consideration of the issues and possible solutions, and that this would contribute to the preparation and issue of a consultation by the Executive, in conjunction with UK government and the administrations of Wales and Northern Ireland, on the revised policy proposals.

  This work has been completed and has resulted in the publication today of the consultation document A Public Consultation on Policy for the Long-Term Management of Solid Low Level Radioactive Waste in the United Kingdom, copies of which have been placed in the Scottish Parliament Information Centre (Bib. number 38918). This consultation is being sponsored jointly by the Scottish Executive, the UK government, the Welsh Assembly Government and the Northern Ireland Department of the Environment. Responses to the consultation are due by 31 May 2006.

  The LLW management policy review is being carried out for three main reasons:

  the national LLW disposal facility, near to Drigg in Cumbria, does not have sufficient capacity to meet future forecasts of LLW arisings. Indeed, I understand that the Environment Agency’s on-going review of the site’s disposal authorisation has served to call into question its previously estimated capacity;

  the Nuclear Decommissioning Authority (NDA) must have the necessary disposal routes available if it is to progress its decommissioning and clean-up programme of the UK’s older, publicly-owned civil nuclear sites. It is also questionable whether the large amounts of lightly contaminated rubble and soil that will arise from such decommissioning and clean-up should be dug up and transported over large distances, merely to deposit it again at the LLW disposal facility close to Drigg, which is a limited and relatively expensive national resource, and

  finding small scale treatment and disposal routes (in particular incineration and landfill) for the least radioactive LLW, which are particularly important for non-nuclear users of radioactive waste, such as hospitals, research and educational establishments is proving increasingly difficult.

  The policy proposals on which views are being sought include:

  whether we should allow greater flexibility in the way LLW is managed. Government proposes that it should not all be sent to the LLW disposal site near to Drigg in Cumbria. This would particularly apply to the large amounts of very low activity LLW that will arise from decommissioning and clean-up activities that could be disposed in various ways, at the site of arising if this is the best practicable option. But this flexibility must also maintain the necessary level of safety through the use of a risk-informed approach, and the preparation of plans and safety cases that are acceptable to the regulatory bodies;

  coupled with this more flexible approach to disposal, could we effectively place greater emphasis on minimisation of arisings through use of the waste management hierarchy advocated for other forms of non-radioactive waste management;

  whether the NDA should be placed in the lead for providing disposal facilities for all nuclear LLW, and also whether it should make its disposal facilities available for non-nuclear LLW producers where this practicable, subject to appropriate commercial arrangements. It is also proposed that the NDA would be placed in the lead for securing any replacement to the LLW disposal facility close to Drigg, and

  whether local communities should take greater responsibility, through appropriate use of planning strategies, for dealing with non-nuclear LLW arising from non-nuclear producers – e.g. hospitals and research and educational establishments – that serve their community. Government proposes to contribute to this process by commissioning a study of the extent and geographical distribution of arisings of such non-nuclear industry wastes.

  The LLW management policy review is being carried out in parallel with the work of the Committee on Radioactive Waste Management (CoRWM), which is assessing options for the long-term management of the UK’s higher activity wastes. The outcome of the LLW consultation, and the policy statement resulting from it, should be available in the summer of this year at about the same time as CoRWM delivers its higher activity waste management recommendations.

Regeneration

Mr Duncan McNeil (Greenock and Inverclyde) (Lab): To ask the Scottish Executive when it will announce the publication of its regeneration policy statement.

Malcolm Chisholm: I am pleased to announce today the publication of the Regeneration Policy Statement. This is an important and ambitious document for Scotland which sets out the role that regeneration can and should play in achieving the Executive’s twin aims of sustainable economic growth and tackling poverty and disadvantage.

Scottish Executive Funding

Ms Rosemary Byrne (South of Scotland) (SSP): To ask the Scottish Executive what the impact on the service to users will be of the reductions in 2005-06 and 2006-07 in Supporting People funding to local authorities.

Malcolm Chisholm: Local authorities in Scotland are performing service reviews of all services provided under the Supporting People programme and all services reviews are to be completed by March 2007. The Scottish Executive believes that significant efficiencies are achievable in the programme and will expect to see evidence of that for the next spending review, but monitoring arrangements will also allow local authorities to record any adverse impact of budget changes on services and service users. The information in the monitoring returns will be made available to the Supporting People Service Review Impact Group to inform their report to ministers on the impact of the service review process. Monitoring returns will be twice a year and started in October 2005.

  At present, there is no strong evidence that particular services or client groups are being disproportionately affected and local authorities have already shown they are free to shift funding across from other sources to support services.

Scottish Executive Funding

Ms Rosemary Byrne (South of Scotland) (SSP): To ask the Scottish Executive what plans it has to continue to support the most vulnerable people in our communities following the reduction in Supporting People funding.

Malcolm Chisholm: Investment of £1.2 billion over three years in Supporting People funding confirms the Scottish Executive’s continuing commitment to help vulnerable people sustain tenancies and maintain independent living. However, evidence from reviews of Supporting People in England and Scotland in 2004 indicated the scope for significant efficiency improvements and the need to redistribute funding more fairly across Scotland.

Scottish Executive Funding

Ms Rosemary Byrne (South of Scotland) (SSP): To ask the Scottish Executive what support will be given to local authorities to continue employing social workers whose jobs may be lost as a result of the reduction in Supporting People funding.

Malcolm Chisholm: It is up to local authorities to decide what housing support services they provide and how many staff are employed, but they are free to draw in resources from other budgets locally as they judge best.

  Local authorities have been asked to review all housing support services to improve efficiencies in a fair way across all providers. Supporting People funding in Scotland remains double that in England on a per capita basis. Currently, local authorities are reporting an average national vacancy rate of 9.2% for social workers and this indicates scope for authorities to absorb any job losses that may arise directly or indirectly from any reduction in supporting People funding.

Sex Offenders

David McLetchie (Edinburgh Pentlands) (Con): To ask the Scottish Executive, further to the answer to question S2W-22332 by Cathy Jamieson on 30 January 2006, (a) whether it will confirm that all eight police forces maintain the three types of list referred to in paragraph 1.4 of Registering the Risk: Review of Notification Requirements, Risk Assessment and Risk Management of Sex Offenders and (b) why access to information on the number of people on each list is restricted to law enforcement agencies.

Cathy Jamieson: I can confirm that all eight police forces gather and maintain intelligence on registered sex offenders, non-registered sex offenders, violent offenders, dangerous offenders, and potentially dangerous persons. These are the agreed common definition of terms, defined with reference to the Violent Offender and Sex Offender Register, in the National Concordat on sharing information on sex offenders, found at:

  http://www.scotland.gov.uk/Resource/Doc/77843/0018811.pdf.

  The police use the intelligence information they gather in preventing and investigating crime and for the purposes of risk assessment. As such this intelligence information is generally restricted to law enforcement agencies.

  The Scottish Criminal Record Office (SCRO) now publish numbers of registered sex offenders for each force on SCRO’s Publication Scheme, found at http://www.scro.police.uk/foi/?id=28. Release of information on the other categories of offender and dangerous persons held by the police would be a matter for individual forces to consider.

Sexual Health

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what funding has been, or will be, made available to each NHS board from 2005-06 to 2007-08 to improve sexual health and to tackle sexual health problems.

Mr Andy Kerr: The Executive is making available an additional £15 million over the next three years to help implement the national sexual health strategy Respect and Responsibility. Most of the extra resources, £4.5 million per year will be spent on front line services. The funding for each NHS board has been calculated using the Arbuthnott formula. NHS board allocations for 2005-06 are set out in the following table. The boards have been informed that they will also receive the same allocation of resources in 2006-07 and 2007-08.

  

 NHS Board
Allocation 2005-06 (£)


 Argyll and Clyde
 388,512


 Ayrshire and Arran
 351,118


 Borders
 102,216


 Dumfries and Galloway
 147,235


 Fife
 303,257


 Forth Valley
 237,349


 Grampian
 407,454


 Greater Glasgow
 827,452


 Highland
 210,811


 Lanarkshire
 482,890


 Lothian
 606,067


 Orkney
 19,247


 Shetland
 20,433


 Tayside
 360,691


 Western Isles
 35,268


 Total
 4,500,000



  These are extra resources over and above what NHS boards currently spend to fund sexual health services in their area. In the current financial year 2005-06, the Executive has allocated £9 million to NHS boards for action to prevent the spread of blood borne viruses, including HIV/AIDS. The funds allocated for this purpose will rise to £9.3 million in 2006-07 and £9.5 million in 2007-08.

Sexual Health

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what information it has on how the funding available to NHS boards to improve sexual health compares with that available to health authorities in England.

Mr Andy Kerr: The Executive is making available an extra £15 million over the next three financial years, 2005-06, 2006-07 and 2007-08 to help implement the national sexual health strategy Respect and Responsibility. This money is additional to the resources already being spent by NHS boards and other agencies taking forward sexual health initiatives on behalf of the Executive.

  These extra resources have been costed to reflect what will be needed to implement the Strategy in Scotland to suit Scottish circumstance, and not by comparison with the approach adopted in England.

Sexual Health

Margaret Jamieson (Kilmarnock and Loudoun) (Lab): To ask the Scottish Executive what proposals it has to provide free test kits for sexually transmitted infections.

Mr Andy Kerr: As set out in the national sexual health strategy Respect and Responsibility the Scottish Executive Health Department is considering the possible extension of the Chlamydia postal testing kit which has been a feature of the Healthy Respect Initiative in Lothian, and the potential for the provision of STI diagnostic kits in rural and urban settings.

  Ultimately, it would be for individual boards to decide on the provision of the kits in their areas. boards were provided with an additional £4.5 million to help implement the strategy. The Executive will ensure that where boards do want to use postal testing kits they are made available in a cost effective way, through bulk and shared purchasing arrangements.

Vaccinations

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, in view of the publicity surrounding the recent proposal by the Joint Committee on Vaccination and Immunisation that infants be vaccinated against flu, what information the Executive can provide regarding the ingredients, including all adjuvants, of the proposed vaccine.

Mr Andy Kerr: The Joint Committee on Vaccination and Immunisation (JCVI) has not recommended the vaccination of children under two years of age against influenza. At their meeting on the 19 October 2005, JCVI agreed that more work was required before influenza immunisation in children could be considered. As such, the ingredients of any proposed vaccine to improve the child’s immune response have not been determined.

Voluntary Organisations

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how funding to the voluntary sector is allocated throughout Scotland, broken down by local authority area.

Malcolm Chisholm: I refer the member to the answer to question S2W-19433 on 23 September 2005. All answers to written parliamentary questions are available on the Parliaments website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

  More generally, it is not possible to breakdown the distribution of resources by local authority area, as Scottish Executive grants are mainly provided to national organisations. However, the activities of these national organisations are taken forward across Scotland.

Voluntary Organisations

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it will outline how the Scottish Council for Voluntary Organisations (SCVO) supports voluntary organisations.

Malcolm Chisholm: The SCVO is the national body representing the voluntary sector in Scotland and seeks to advance the values and shared interests of the sector by fostering co-operation, promoting best practice and delivering sustainable services.

  The SCVO organises its work around nine activity areas. These are:

  Research about and on behalf of the voluntary sector;

  Voluntary sector representation;

  Communication with, about and on behalf of the voluntary sector;

  Organisational development and support for the voluntary sector;

  Resource development for the voluntary sector;

  Voluntary sector workforce development;

  The design and delivery of services tailored to the needs of the voluntary sector;

  The development of voluntary sector networking and co-operation, and

  The development of SCVO’s own effectiveness.

Scottish Parliamentary Corporate Body

Scottish Parliamentary Standards Commissioner

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Parliamentary Corporate Body whether all complaint reports by the Scottish Parliamentary Standards Commissioner are subjected to legal scrutiny before publication and, if so, by whom.

John Scott: This is not a matter for the SPCB. The Scottish Parliamentary Standards Commissioner operates independently of the SPCB in the exercise of his statutory functions.

  The member may wish to contact the Commissioner directly on this matter by writing to The Scottish Parliamentary Standards Commissioner, The Scottish Parliament, Edinburgh, EH99 1SP.

Scottish Parliamentary Standards Commissioner

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Parliamentary Corporate Body how many draft reports by the Scottish Parliamentary Standards Commissioner have been made available to complainers, expressed also as a percentage of all complaint reports drafted.

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Parliamentary Corporate Body Scottish Parliamentary Corporate Body what information it has on how many draft reports by the Scottish Parliamentary Standards Commissioner have been leaked to the media, expressed also as a percentage of all reports drafted.

John Scott: This is not a matter for the SPCB. The Scottish Parliamentary Standards Commissioner operates independently of the SPCB in the exercise of his statutory functions.

  The member may wish to contact the Commissioner directly on this matter by writing to The Scottish Parliamentary Standards Commissioner, The Scottish Parliament, Edinburgh, EH99 1SP or the member may also wish to contact the Standards and Appointments Committee who may hold such information.

Scottish Parliamentary Standards Commissioner

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Parliamentary Corporate Body whether the lack of an appeal process in respect of procedures for reports by the Scottish Parliamentary Standards Commissioner breaches the European Convention on Human Rights or Scots Law.

John Scott: The remit of the Parliamentary Standards Commissioner as set out in the Scottish Parliamentary Standards Commissioner Act 2002 (the 2002 Act) is to determine the admissibility of complaints against members, to investigate complaints and to report on the outcome of these investigations to the Parliament.

  The Commissioner’s role under the 2002 Act is confined to initial investigation. It is for the Standards and Public Appointments Committee in terms of the Standing Orders of the Parliament and the Code of Conduct for Members to determine whether a complaint should be upheld and to recommend sanctions. The Parliament ultimately decides whether those sanctions should be imposed. While every effort is made to check factual matters in determining whether a complaint is admissible, no rights are conferred on a complainer to have a particular complaint investigated. Questions about the lack of appeal procedures are only therefore relevant in connection with members. However, the lack of an appeal in respect of the Commissioner’s report cannot be said of itself to be determinative of a Member’s civil rights and obligations. Article 6 ECHR rights are not directly engaged with regard to these procedures. The Scottish Parliamentary Corporate Body is satisfied therefore that the lack of an appeal procedure for reports by the Commissioner does not breach the European convention on Human Rights or Scots Law.

Scottish Parliamentary Standards Commissioner

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Parliamentary Corporate Body whether the lack of any mechanism to correct factual errors in draft reports by the Scottish Parliamentary Standards Commissioner breaches the European Convention on Human Rights or Scots Law.

John Scott: The member is referred to the answer to question S2W-22792.

  In terms of section 9(3) of the 2002 act where the Commissioner concludes that a member has breached a provision, before sending the report to the Standards and Public Appointments Committee, a member must be given a copy of the Commissioner’s draft and may make representations which, if the are not given effect to in the report, will be annexed to it. The Standards and Public Appointments Committee cannot alter or amend a Commissioner’s report after it is received but in terms of the Code of Conduct (paragraph10.2.31) it will ask the member who is subject to the complaint to confirm in writing whether he/she agrees with the Commissioner’s findings in fact or conclusion. It will also ask if the member wishes to make representations to the committee.

  The committee considers the report provided and any representation from the member before deciding if it agrees with the Commissioner’s findings in fact and conclusion. It can also carry out its own investigation or refer matters back to the Commissioner for further investigation. Further, Section 10 of the 2002 act specifically provides that the Parliament is not bound by the facts found or the conclusions reached by the Commissioner. There are ample opportunities for factual errors to be brought to the attention of the Committee before it concludes its deliberations. To that extent, the ability to comment on factual errors in an initial draft adds little to the overall process.

  For the reasons set out in relation to the earlier linked question number S2W-22792, we are satisfied that there is no breach of the European Convention on Human Rights or Scots Law.

Sewel Motions

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Parliamentary Corporate Body, further to the answer to question S2W-12593 by George Reid on 19 January 2005, what information it has on how many Sewel motions have been passed by the Parliament in each parliamentary year since 1999.

George Reid: Figures are given in the following table:

  Numbers of Sewel/Legislative Consent Motions Passed

  

 Session 1


 12 May 1999 – 11 May 2000
 7


 12 May 2000 – 11 May 2001
 16


 12 May 2001 – 11 May 2002
 7


 12 May 2002 – 31 March 2003
 9


 Total Session 1
 39


 Session 2 


 7 May 2003 -6 May 2004 
 13


 7 May 2004– 6 May 2005
 9


 7 May 2005 – to date
 6


 Total Session 2 
 28


 Total to date
 67



  Further information can be found in these SPICe Factsheets, which are available on the Parliament’s website:

  Sewel Motions: Session 1:

  http://www.scottish.parliament.uk/business/research/factsheets/documents/SewelMotionsSession1.pdf

  Sewel Motions/LCM: Session 2:

  http://www.scottish.parliament.uk/business/research/factsheets/documents/SewelMotionsandLegislativeConsentMotionsSession2.pdf.